Author Archives: Joe Wloszek

Case Law Update: Nottingham Village Condo Ass’n v. Pensom: Litigation Evaluation Meetings

In some condominium governing documents, there are provisions that require a co-owner vote before the association can file a lawsuit.  These provisions range from the rather mundane to extremely onerous. In Nottingham Village Condominium Association v. Pensom, unpublished per curiam opinion of the Michigan Court of Appeals, No. 333311, Dated December 12, 2017, the Michigan Court of Appeals just upheld

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Kevin M. Hirzel, Esq. Admitted to College of Community Association Lawyers (“CCAL”)

Kevin Hirzel, Esq., a partner and Chair of the Community Association Practice Group at Cummings, McClorey, Davis & Acho, P.L.C. (“CMDA”), has been granted membership in the College of Community Association Lawyers (“CCAL”)—one of fewer than 175 attorneys nationwide to be admitted to the prestigious organization. Fellows of the College are among the most respected community association attorneys in the

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Condominium and HOA Update: Upcoming Changes to LARA Corporate Filing Submissions Starting October 30, 2017

At least once a year, property managers, attorneys or the association itself files corporate documents with the State of Michigan’s Department of Licensing and Regulatory Affairs (“LARA”) on behalf of the association.  In a Michigan condominium association or homeowners association, certain documents such as Amended and Restated Articles of Incorporation or a Change in Resident Agent may be filed infrequently.  However, each

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Prohibiting and Handling “Dangerous Animals” in an Association

Pet restrictions are a perennial topic of interest in Michigan and consistently one of the most discussed, debated and reviewed provisions in the condominium bylaws.  For example, some condominium bylaws prohibit “dangerous animals” from being brought to the condominium or kept on the condominium premises.  A sample provision may look like this: No dangerous animal shall be brought to or

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Kevin Hirzel Appointed as Co-Chair of the Condominium, PUD and Co-Op Committee for the State Bar of Michigan’s Real Property Law Section

The State Bar of Michigan’s Real Property Law Section recently appointed Kevin M. Hirzel, Esq. as Co-Chair of the Special Committee for Condominiums, PUDs, & Cooperatives.  The Real Property Law Section is tasked with 1) studying and reporting on proposed and necessary legislation on behalf of its 3,600 members, 2) reviewing pending legislation, 3) drafting and introducing legislation and 4) promoting the

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Security Cameras in Michigan Condominium Projects

Whether inside a grocery store, at a gas station or even in your neighborhood, security cameras are everywhere in modern society.  As technology evolves and cheaper and better cameras come onto the market each year, Michigan condominiums are experiencing an increase in surveillance and/or security camera usage.  Security cameras raise significant legal questions that impact decisions made by the Board

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Kevin Hirzel Interviewed Regarding Options Short of Litigation to Resolve Condominium Disputes

In a recent news article by Sherri Kolade at C&G Newspapers titled Condominium Conflicts: Condo Lawyers Discuss Handling Potential Litigation, Compromise, Kevin Hirzel, Esq. outlined options short of litigation to resolve disputes between Associations and Co-owners.  Mr. Hirzel is quoted as saying, “You can either stay or go. Sue, compromise, or get political by campaigning to join a condominium association board.”  The full article

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